Seattle Police: Monitor finds ‘byzantine, arcane’ disciplinary system

The new and the old:Seattle Police Chief-designate Kathleen O’Toole walks with Mayor Ed Murray and controversial Interim Chief Harry Bailey. She is taking over a department that is “wholly remaking how it does business”, according to the report of a U.S. Justice Department Monitor.

The Seattle Police Department has undertaken a “herculean effort” retraining officers in the use of force, but the SPD’s system for disciplining officers remains “byzantine and arcane,” according to the latest report by a Justice Department monitor.

“Providing SPD officers and the Seattle community with a rational, reasonable disciplinary system will require significant and sustained effort,” monitor Merrick Bobb writes.

Bobb praises Mayor Ed Murray for “sustained and thoughtful involvement” with Justice Department-ordered reform. He says the SPD succeeded in putting 1,300 of Seattle’s Finest through an interim training policy in the use of force “in an impressively condensed, eight-week time period between March and April.”

But praise for interim Seattle Police Chief Harry Bailey and his team is conspicuously lacking. The monitor’s 106-page report summarizes challenges facing incoming Seattle Police Chief Kathleen O’Toole, set to be confirmed next Monday. Bobb makes clear the SPD’s culture must change.

“Much work remains to insure that the objectives and goals of the (Justice Department) consent decree have been understood and internalized by all officers — whether command staff or rank-and-file,” Bobb wrote.

O’Toole greets SPD Lt. Rich O’Neill, former longtime head of the Seattle Police Officers Guild. The Guild has often resisted reform, and used a “byzantine and arcane” disciplinary process to have misconduct findings against officers deleted.

“Likewise, much additional collaboration will be necessary to ensure that the era of hiding the ball on developing problems, institutional isolation and routine tolerance of underdeveloped or inadequate solutions is over.”

In short, Bobb summarizes, the Seattle Police Department will be “wholly remaking how it does business.”

The monitor identifies deep problems in SPD’s disciplinary policy. He praises the department’s Office of Professional Accountability for investigations described as “thorough, complete and professional.” He singles out OPA Auditor Anne Levinson for constructive suggestions and advice.

But Bobb unloads on a system in which the Seattle Police chief, or interim chief, can erase misconduct findings. Bailey did just that in a half-dozen cases, doing the bidding of the anti-reform Seattle Police Officers Guild.

“Although the whole of the discipline system will likely need to be overhauled, the specific practice of the Chief being able to unilaterally reduce discipline or settle cases must change,” Bobb writes.

“If all of the investigation and analysis conducted by the Office of Professional Accountability can be negated with the stroke of the Chief’s pen, and without regard to the opinion of the OPA, the fairness, thoroughness and rigor of investigations are rendered meaningless.”

Former Interim Seattle Police Chief Jim Pugel. Pugel, a reformer, was replaced eight days after Mayor Ed Murray took office. He was exiled to a distant Airport Way office, and subsequently retired. (Lindsey Wasson/seattlepi.com file)

As well, when allegations over use of force are being probed, “SPD must continue to make strides to ensure that Office of Professional Accountability representatives are permitted to be present for crucial parts of the investiation,” Bobb concludes.

At a South End gathering last week, SPD chief-designee O’Toole said that Seattle Police are “a little behind the times in technology.”

Discussing whether more officers should be added, OToole added: “Before we do that, we have to determine what the ones we have are doing.”

The report by Bobb makes that powerfully clear. It notes “deep flaws” in the SPD’s data systems.

“The Department has still failed to produce a satisfactory and defensible work plan for the complex work” of assuring better supervision of rank-and-file officers, the report says.

“Critical milestones remain elusive — particularly in areas of data collection and analysis and the complex analysis necessary to ensure that SPD appropriately fields an acceptable number of supervisors,” Bobb wrote.

The federal monitor had positive things to say about an outside panel, originally named by then-Mayor Mike McGinn, that is on the outside of the Seattle Police Department looking in.

“The efforts and contributions of the Community Police Commission — especially since January — have been substantial, constructive and noteworthy,” writes Bobb.

“The Community Police Commission and its staff have been focused, hard working and diligent in making important recommendations regarding policy, the structure of OPA and SPD’s community outreach effort.”

A Mayor’s support is vital in reforming a police department. A Justice Department monitor applauds Murray’s “thoughtful and sustained involvement” in reform. Will he have O’Toole’s back?

The Seattle Police will be tested immediately starting next week. O’Toole is confirmed on Monday. Murray has called a special Seattle City Council meeting for Wednesday to start working on a strategy to deal with a rash of recent shootings in the Emerald City.

O’Toole has pledged to develop a policing strategy for every neighborhood of the city within 30 to 60 days and has declared: “Block by block, neighborhood by neighborhood, I hope we can build trust.”

She will be forging ahead, but with an imperfect department that is demoralized parched for leadership, with some of its members actively resisting change. Bobb writes:

“The Monitor has been quite concerned with, and quite frustrated by, the department’s struggles to self-initiate, self-manage and solve problems in some areas — particularly those related to technology and supervision.”